Motor Vehicles Act.--1921. v. having either of the number plates so damaged VI. having upon either of the number plates a number to such motor vehicle, shall be guilty of an offence against this Act: Provided that no person shall be liable to a penalty for any breach of this section if he proves to the satisfaction of the Court that he took all reasonable precautions to prevent such breach, or that such breach was the result of an accident. 35. Any person who (a) by any false statement or misrepresentation obtains or attempts to obtain a licence under this Act; or (b) without lawful excuse has in his possession a licence, or any article resembling a licence and liable to be mistaken therefor; or (c) forges or fraudulently alters or uses, or fraudulently lends or allows to be used by any other person, any licence or any number-plate or mark for identifying a motor vehicle under this Act; or (d) owns, or drives upon a street or road, any unregistered motor vehicle having upon it any numbers or number-plate of a description prescribed to be fixed to registered motor vehicles, shall be guilty of an offence against this Act. PART III. Unlawfully obtaining or possessing licences, etc. Cf. N.S.W. 5, 1909, s. 7. of accident. s. 24. 36. (1) Any person driving a motor vehicle shall in any case, if Driver to stop in case an accident occurs to any person, or to any animal or vehicle in charge of any person, caused by such motor vehicle or owing to the Cf. S.A. 938, 1907, presence of such motor vehicle upon any street or road, stop, and, if required by any person, state his name and place of abode, and also the name and place of abode of the owner and the registered number of the motor vehicle. (2) Any person wilfully acting in contravention of this section shall be guilty of an offence against this Act. be used without 37. (1) Any person who drives or uses any motor vehicle with- Motor vehicles not to out first obtaining the consent of the owner thereof shall be guilty consent of owner. of an offence against this Act: Provided that the provisions of this N.S. W. 11, 1915, s. 6 section shall not apply to a member of the Police Force in the (part). execution of his duty under this Act. (2) Any person who is guilty of any contravention of this section shall be liable to imprisonment for any period not exceeding six months, in addition to the pecuniary penalty provided by this Act. 38. Any PART III. Riding without consent. Interfering with motor vehicle. Procuring use of car Production of licence at Court. N.S.W. 5, 1909, s. 9. False statement by applicant for licence or for registration punishable. Powers and duties of Police. Motor Vehicles Act.-1921. 38. Any person who rides on or causes himself to be drawn by a motor vehicle, without the consent of the driver of such motor vehicle, shall be guilty of an offence against this Act. 39. Any person who interferes with or tampers with a motor vehicle or any part thereof, without first obtaining the consent of the owner thereof, shall be guilty of an offence against this Act 40. (1) Any person who procures the use or hire of any motor vehicle by fraud or misrepresentation shall be guilty of an offence against this Act. (2) Any person who is guilty of any contravention of this section shall be liable to imprisonment for any period not exceeding six months, in addition to the pecuniary penalty provided by this Act. 41. (1) Whenever a licensed driver is charged with any breach of this Act he shall produce his licence to the Court at the time of the hearing of the charge. (2) If such driver fails without reasonable excuse to produce his licence as aforesaid, he shall be guilty of an offence against this Act. 42. Any person who wilfully makes any false statement in an application under this Act for the registration of a motor vehicle, or in an application for the issue or renewal of a licence to drive a motor vehicle, shall be guilty of an offence against this Act. 43. (1) Every member of the Police Force shall see that this Act is duly observed. (2) In all cases not expressly provided for by this Act, any member of the Police Force in the execution of his duty under this Act may give such reasonable directions to persons driving motor vehicles upon any street or road as may, in his opinion, be necessary for the safe and efficient regulation of the traffic thereon, or for the purpose of ascertaining whether any offence against this Act has been or is being committed. (3) Any person who (a) obstructs or hinders any member of the Police Force in the exercise of his duties under this Act; or (b) in any way interferes with or prevents the exercise of any of the powers conferred or the discharge of any of the duties imposed by this Act upon members of the Police Force; or (c) disobeys any lawful order or direction of a member of the Police Force in the exercise of his duties under this Act, shall be guilty of an offence against this Act. PART Motor Vehicles Act.-1921. PART IV. GENERAL AND SUPPLEMENTARY. PART IV. 44. (1) In addition to any power by any other section of this Act Regulations. conferred on the Governor to make regulations (which power shall Cf. N.S.W. 5, 1909, every case be implied for the purpose of any section in which the cf. S.A.938, 1907, in 8. 3. word "prescribed" is used), the Governor may make regulations s. 28. 1. Regulating the use of motor vehicles and the conditions 11. Regulating the speed of motor vehicles in particular localities or under particular circumstances, and for such purposes varying the rates of speed prescribed by this Act; II. Prescribing and regulating the affixing and use of bells or alarms on motor vehicles; IV. Prescribing and regulating the affixing of efficient brakes on motor vehicles; v. Providing for minimising the noise, and the issue of smoke or fumes, from the working of motor vehicles; VI. Prohibiting the use of motor vehicles that, owing to defects in construction or other causes, are unsuitable for safe use; VII. Prohibiting or restricting the use of motor vehicles upon any specified streets or roads, or within the streets and roads in any specified area, either generally or within certain hours; VIII. Providing for the regulation of the owners and drivers of motor vehicles; IX. Prohibiting or regulating the carrying of any person on a motor cycle in addition to the rider thereof; x. Regulating the form of the registered numbers assigned to XI. Providing that any regulations under this section may be PART IV. Provision for exemption from speed limits in certain cases. S.A. 938, 1907, s. 26. Temporary saving of certain provisions of repealed Act. Inconsistency of regulation or by-law. Offences. Motor Vehicles Act.-1921. XII. Providing for the erection of uniform signs and notices for the guidance of motor drivers; XIII. Providing for the temporary registration of motor vehicles owned by persons resident outside this State and temporarily in this State, and the drivers thereof; and XIV. Providing for any other purpose which the Governor may consider necessary for the safety or convenience of the public, or for the protection of property. (2) Any such regulation may impose a penalty not exceeding Twenty Pounds for any breach of the same or any other regulation. 45. (1) The Minister may, upon application by any person who is desirous of holding races for motor vehicles or speed tests for motor vehicles in a particular place or on a particular road on a specified day, exempt the persons taking part in such races. or tests whilst so taking part from the necessity to observe in such place or on such road any limit of speed prescribed under this Act which such persons would otherwise be bound to observe. (2) Such exemption shall apply only so long as the conditions (if any) prescribed by the Minister in granting the exemption are observed. (3) No exemption shall be granted under this section unless the Minister is satisfied that the written consent of the Municipal or District Council, or other authority having the care, control, or management of the place or road in question, to hold such races or tests has been obtained. 46. (1) Until new forms are prescribed under this Act for the purposes of Part II. of this Act, the forms in the First, Second, Fourth, Fifth, Sixth, Seventh, and Eighth Schedules to the Act hereby repealed shall be deemed to be the forms prescribed for the purposes of the said Part II. (2) Until regulations are made under this Act for the purposes of subsection (1) of section 10 of this Act, the provisions of sections 9 and 10 of the Act hereby repealed, and the provisions set out in the Third Schedule to the Act hereby repealed, shall, in so far as the same are not inconsistent with this Act, be deemed to have been prescribed for the purposes of the said section 10. 47. When any regulation or by-law made by any Municipal or District Council or other authority is inconsistent with a regulation made under this Act, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid. 48. Any contravention of or failure to observe any provision of this Act, whether by act or omission, shall be an offence against this Act. 49. Any Motor Vehicles Act.-1921. PART IV. 49. Any person guilty of an offence against this Act for which Penalties. no specific pecuniary penalty is provided shall be liable to a penalty of not more than Twenty Pounds. registration and Cf. N.S.W. 5, 1909, s. 12. 50. A document purporting to be an extract from, or copy of, Copy of record of any entry contained in the Register of Motor Vehicles or in the licences to be Register of Licences and purporting to be certified under the hand evidence. of the Registrar shall, in all Courts and upon all occasions whatsoever, be admissible as evidence, and shall be prima facie evidence of the truth of the matters stated in such document without requiring the production of such Registers, or any licence, notice, or other document upon which any entry may be founded. 51. In any proceedings for an offence against this Act- (b) proof that a person is registered as the owner of a motor (c) the fact that any place is described as a street or road shall be prima facie evidence that such place is a street or road within the meaning of this Act; and (d) the allegation that any street or road whereon it is alleged that any such offence was committed is situated in a Municipality, or in a town or township, shall be prima facie evidence that such street or road is situated as alleged. 52. (1) The Court before which a person is convicted of an offence against this Act may, in addition to imposing a penalty for the offence, Facilitation of proof. Court may suspend conviction. Cf. S.A. 938, 1907, (a) if the person convicted holds any licence under this Act, s. 27. (b) if the person convicted does not hold any licence under this (2) If the person convicted holds any licence under this Act, the Court may cause particulars of the conviction, and of any order made under this section, to be indorsed upon his licence. If such licence is cancelled, the licence shall be surrendered to the Clerk of the Court, who shall forward or deliver it to the Registrar. (3) A |